the same thing tomorrow with the defense of marriage act who where the president has said, doma is unconstitutional and prohibited the justice department from defending it. so chief justice tomorrow will probably say, who are you, what are you doing sneer you don't represent the federal government so these are two very unique procedural quirks the court may say, we're not ready to hear either case. >> shepard: in the first scenario that you mentioned, proposition 8 goes away, that affects california and california only jibe correct. >> shepard: then what what we expect to see in days, months, and years ahead, is a series of lawsuits individual to each stae that's correct. >> shepard: and then as the tide turns and people under the age of 25 don't understand why you care who else gets married. come on. then eventually the government would recognize that, when they say equal protection, they meant equal protection for everybody. for women, meant equal protection for black people, for gay people, they mean equal protection for all the people. and if the majority doesn't like it, that's too bad. >> tha